1. THIS IS AN AGREEMENT BETWEEN YOU AND INSIDE ENTREPRENEURSHIP AND TAKE COMMAND INFORMATION MEDIA, INC.
This is an agreement ("Agreement") between you and Inside Entrepreneurship and Take Command Information Media, Inc. ("Take Command"). This Agreement governs your use of any TakeCommand Web site or Web page operated by Take Command). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. TAKE COMMAND OFFERS ITS WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE TAKE COMMAND WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
2. HOW TAKE COMMAND MAY MODIFY THIS AGREEMENT
Take Command reserves the right to change the terms, conditions, and notices under which it offers the Web Site, including any charges associated with the use of the Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on this Web Site. Your continued use of the Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE WEB SITES
The Web Site is only for your personal use. You will not use the Web Site for unauthorized commercial purposes. You will not use the Web Site in any way that is unlawful, or harms Take Command, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Take Command Party" and collectively, the "Take Command Parties") or any customer of a Take Command Party, as determined in Take Command's sole discretion. Take Command may tell you about certain specific harmful uses in a code of conduct or other notices available through the Web Site, but has no obligation to do so. You may not use the Web Site in any way that breaches any code of conduct, policy or other notice applicable to the Web Site. Without limiting the generality of this section, you may not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site (or the network(s) connected to the Web Site) or interfere with any other party's use and enjoyment of the Web Sites.
4. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 3, you will not use the Web Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
5. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Take Command (a "Submission"), you grant Take Command permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Web Site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Take Command will not pay you for your Submission. Take Command may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.
6. INFORMATION AVAILABLE FROM THE WEB SITE
Take Command and its partners do not warrant or guarantee the accuracy or timeliness of any information available from the Web Site. Take Command and its partners do not authorize the use of information available from the Web Site, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Take Command is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Web Site constitute an offer or solicitation to buy or sell any security. Take Command does address various general legal, accounting, or other professional issues, but users should not treat this information as formal legal, accounting,or professional advice. Such advice can only be properly given by qualified professionals who are fully aware of a user's particular circumstances. Nothing contained in the Web Site is intended to replace professional advice, including but not limited to, investment advice, legal advice, accounting and tax advice, or bankruptcy advice.
Service Providers
Take Command may have contractual arrangements with other companies that offer information, products, services, and online tools to Web Site users. For purposes of these arrangements, a "Take Command customer" is a visitor who links to a service provider's Web site through the Take Command Web Site. Take Command receives agreed-upon payments from each service provider that enters into transactions with Take Command customers. The service-provider sites to which Take Command provides links are operated by independent parties and are not under the control of Take Command. You should inform yourself of the policies adopted by each of the service providers for the operation of its site, including its policies concerning the use of information provided to the solutions provider by the Take Command customer.
7. TAKE COMMAND MAKES NO WARRANTY
TAKE COMMAND PROVIDES THE TAKE COMMAND WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TAKE COMMAND PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE TAKE COMMAND PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
Take Command may assess the products and services offered by service providers and may believe that these products and services are appropriate and valuable to Take Command's audience. Take Command does not, however, guarantee any products or services provided by service providers. Service providers are solely responsible for claims made to Take Command customers with respect to the products or services provided to them by service providers, and Take Command customers should look to the service providers for any guarantee of the performance of products or the suitability of services provided by them.
8. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY TAKE COMMAND PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WEB SITE, EVEN IF SUCH TAKE COMMAND PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY TAKE COMMAND PARTY WITH RESPECT TO THIS AGREEMENT OR THE WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
9. ADDITIONAL LIABILITY LIMITATION
THE TAKE COMMAND PARTIES MAY CHANGE THE WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Web Site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Take Command and persons other than Take Command (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF PREVIOUS SECTIONS, YOU ACKNOWLEDGE AND AGREE THAT THE TAKE COMMAND PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF PREVIOUS SECTIONS, YOU ACKNOWLEDGE AND AGREE THAT TAKE COMMAND IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE WEB SITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE MSN WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE MSN WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN PREVIOUS SECTIONS OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
10. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Take Command Information Media, Inc., claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. If this Agreement is with a Take Command affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Take Command affiliate, without reference to conflict of laws principles. If this Agreement is with Take Command Information Media, Inc. you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington, USA in all disputes arising out of or relating to the use of the Web Site. If this Agreement is with a Take Command affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Take Command affiliate in all disputes arising out of or relating to the use of the Web Site.
11. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Take Command may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Web Site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Take Command with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Take Command with respect to the Web Site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
12. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND TAKE COMMAND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MSN WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the Web Site are Copyright © 2005 Susan Schreter and/or Take Command Information Media, Inc. and its suppliers, U.S.A. All rights reserved. Inside Entrepreneurship, Take Command, the TakeCommand logo (checkmark), the Inside Entrepreneurship logo, and/or other products and services referenced herein may also be either trademarks or registered trademarks of Take Command Information Media, Inc. in the United States and/or other countries.
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